IMA opposes idea of 'disproportionate' compensations

The Indian Medical Association (IMA) today strongly opposed the idea of imposing hefty fines on doctors in cases of medical negligence, saying such "disproportionate" compensations could petrify medical practitioners in treating complex cases.
The IMA was critical of a recent Supreme Court order which levied hefty compensation on doctors for medical negligence.
It found the compensation awarded to Kolkata-based AMRI Hospital and three doctors to pay a whopping Rs 5.96 crore, along with interest for a medical negligence in October last year as "disproportionate" and was in support of the review petition in Supreme Court.
"IMA is not against the punishment to guilty but is of the view that the quantum of punishment might restrain others in joining this profession. We will appreciate if the apex court accepts the review petition and reconsiders the decision," Jitendra B Patel, National President of IMA Patel said at a press conference here.

"There is a thin line of demarcation between medical accident and negligence as medical treatment does not have fixed modus operandi.
He said the treatment of the patient was entirely based on the patient's condition, response to treatment which may vary from person to person besides knowledge and experience of the treating doctor.

"If something goes wrong in the treatment then it appears as medical negligence. If a high compensation as this becomes a milestone then medical practitioners will be petrified in treating complex cases, Patel said.
"It is important to note that currently India needs more than 6 lakhs doctors. But such kind of decisions will frighten students from joining the profession acting as an obstacle in the progress of healthcare in the country as already we are seeing drop in students joining medical courses, said Narendra Saini, Secretary General of the Association.

Members of the Association felt that the compensation should be based on few parameters like earning of the hospital, doctor and expenses incurred by the patient during treatment, earning of the doctor on whom compensation is levied, severity of patient's disease and the chance of the patients survival without treatment.
Patel said if the review petition filed by the Kolkata hospital is rejected by the apex court then as a future course of action they will approach the law commission and file a petition in the parliament for amendment of law.